Brian Madigan LL.B., Broker
BRMadigan@iSourceRealEstate.com

RE/MAX West Realty Inc.,
Brokerage
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300
Toll Free: 1-888-507-0817

 

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Posts filed under: Litigation

Real Estate Lawsuits and Contingency Fees

November 12, 2017 - Updated: November 12, 2017Litigation

Real Estate Lawsuits and Contingency Fees Lawyers often charge 15% to 35% fees computed on the total settlement of a client’s clai ...

Tagged with: lawyers lawsuits. contingency fees ontario law

Agent’s Negligence: Breach of Code of Ethics

November 6, 2017 - Updated: November 6, 2017Litigation

Agent’s Negligence: Breach of Code of Ethics There are a number of potential transgressions under the Code of Ethics which would suppo ...

Tagged with: lawsuit negligence code of ethics rebba ontario law

Agent’s Negligence: Breach of Real Estate and Business Brokers Act

October 24, 2017 - Updated: October 25, 2017Litigation

Agent’s Negligence: Breach of Real Estate and Business Brokers Act, 2002 Another source of laws involving real estate Agents is th ...

Tagged with: agents negligence rebba 2002 source liability ontario law

Agent’s Negligence: Breach of Contract at Common law

October 24, 2017 - Updated: October 24, 2017Litigation

Agent’s Negligence: Breach of Contract at Common law Aside and apart from the Agent’s fiduciary duties, an Agent is obligate ...

Tagged with: agent breach of contract negligence liability ontario law

Agent’s Negligence: Breach of Fiduciary Duties at Common Law

October 17, 2017 - Updated: October 17, 2017Litigation

Agent’s Negligence: Breach of Fiduciary Duties at Common Law These errors or omissions are really by far the most common and frequ ...

Tagged with: negligence real estate agents breach fiduciary duty ontario law

Real Estate Agents’ Liability in Negligence: Various Grounds

October 14, 2017 - Updated: October 15, 2017Litigation

Real Estate Agents’ Liability in Negligence: Various Grounds It’s entirely possible for real estate agents to make some mistakes ...

Tagged with: real estate agent liability negligence proof conduct grounds evidence expert witness ontario law

The Role of an Expert Witness in Real Estate

October 13, 2017 - Updated: October 13, 2017Litigation

The Role of an Expert Witness in Real Estate There are a variety of different roles for an Expert Witness in real estate matters. ...

Tagged with: expert witness real estate brian madigan ontario law

Comparing Mediation and Arbitration for Defaulted Real Estate Deals

October 10, 2017 - Updated: October 10, 2017Litigation

Comparing Mediation and Arbitration for Defaulted Real Estate Deals Mediation is much less expensive than Arbitration. If price is the m ...

Tagged with: mediation arbitration compared defaulted real estate ontario law

Arbitration will work for Defaulted Real Estate Transactions

October 10, 2017 - Updated: October 10, 2017Litigation

Arbitration will work for Defaulted Real Estate Transactions This is a companion article to the one on Mediation. The Spring GTA ...

Tagged with: arbitration default transactions seller remedies buyer deposit ontario law

Mediation as the Solution for Defaulted Real Estate Transactions

October 8, 2017 - Updated: October 8, 2017Litigation

Mediation as the Solution for Defaulted Real Estate Transactions The Spring GTA real estate market saw a sudden and unexpected increase in p ...

Tagged with: mediation defaulted real estate transactions bad market deposit sue buyer no closing ontario law

Market Defaults and Remedies

July 7, 2017 - Updated: July 7, 2017Litigation

Market Defaults and Remedies The current Toronto real estate market has been interesting and somewhat volatile. The actual reasons don&r ...

Tagged with: toronto market volatile june 2017 remedies litigation compromise settlement

Court Establishes Standard of Care for Home Inspector

January 14, 2017 - Updated: January 14, 2017Litigation

Court Establishes Standard of Care for a Home Inspector In Rimmer v. Building Insights Inc. (9 September 2013) Ontario Superior Court ...

Tagged with: home inspector standard of care law ontario applicable standard

Home Inspector Liable (No Expert Testimony)

January 12, 2017 - Updated: January 12, 2017Litigation

Home Inspector Still Responsible without Calling Expert Witness There was a recent case, namely Rimmer v. Building Insights Inc. (9 Se ...

Tagged with: home isnpsecvtor liability contract tort damages ontario law

Seller's Remedies Having Signed a Mutual Release

November 28, 2016 - Updated: November 29, 2016Litigation

Seller’s Remedies Having Signed a Mutual Release You can probably imagine that a Seller may be upset, sign a Mutual Release and ...

Tagged with: mutual release lawsuit agent negligence ontario law

Execution of The Mutual Release in Real Estate Transactions

November 28, 2016 - Updated: November 28, 2016Litigation

Execution of the Mutual Release in Real Estate Transactions The issue presents itself with every failed transaction. Sign the Mutual R ...

Tagged with: mutual release policies advice legal issues informed consent ontario law

Discovery of Defect Just Before Closing

October 12, 2016 - Updated: October 12, 2016Litigation

Discovery of Defect Just Before Closing What happens if a defect of some kind is discovered right before closing? This could ...

Tagged with: defect late discovery patent latent caveat emptor ontario law

Affidavit (the meaning)

September 12, 2016 - Updated: September 12, 2016Litigation

Understanding what an "Affidavit" Means The latin term "affidavit" is a very common term used in law. Translated, ...

Tagged with: affidavit explained meaning ontario law

Lawsuit Unsuccessful - Not Enough Defendants

September 6, 2016 - Updated: September 6, 2016Litigation

Lawsuit Unsuccessful – Not Enough Defendants We are still having a look at the “buildable lot” case, Drolet v. Re/Ma ...

Tagged with: misrepresentation lawsuit defendants settlement missing township risky lawsuit ontario law

False Representation Made by Agent without Liability

September 6, 2016 - Updated: September 6, 2016Litigation

False Representation Made by Agent without Liability This is the “buildable lot” case, Drolet v. Re/Max Riverview (2016) a ...

Tagged with: false statement negligent statement no reliance no liability buildable lot ontario law

Township Officials Go Soft with Mushy Memories

August 31, 2016 - Updated: August 31, 2016Litigation

Township Officials Go Soft with Mushy Memories There are quite a few important elements in the Drolet v. Re/Max Riverview case in 2016 ...

Tagged with: lawsuits witnesses memories lies deceit recollection ontario law

Liability for Consequential Losses

August 30, 2016 - Updated: August 30, 2016Litigation

Liability For Consequential Losses We are still looking at Drolet v ReMax Riverview Realty Ltd (2016). In this case, the plaintiff pur ...

Tagged with: drolet remax riverview losses calculation small claims court ontario law

Buyer's going to Fail - No Expert Witness

August 29, 2016 - Updated: August 29, 2016Litigation

Buyer’s Going to Fail – No Expert Witness In Drolet v ReMax Riverview Realty Ltd., (2016) the plaintiff purchased a proper ...

Tagged with: no expert no evidence no success lawsuit against professional real estate agent ontario law

Buyer Sues Agent for Misrepresenation

August 26, 2016 - Updated: August 26, 2016Litigation

Buyer Sues Real Estate Agent for Misrepresentation This is an interesting case. It raises a number of important issues which we will l ...

Tagged with: samall claims court lawsuit real estate agent misrepresentation ontario law

"Stare Decisis" (the Law's Binding System of Precedents)

August 24, 2016 - Updated: August 24, 2016Litigation

Meaning of “Stare Decisis” (Ontario Law) The latin expression "stare decisis" is probably the most important lat ...

Tagged with: stare decisis court system binding precedents rule of law justice is blind ontario law

Two Parts of Every Legal Decision

August 23, 2016 - Updated: August 23, 2016Litigation

The Two Parts of Every Legal Decision If a Judge has issued “Reasons for Judgment”, then you will find that there are two ...

Tagged with: ratio decidendi obiter dicta reasons judgment ontario law

Succesful Bidder Sues His Own Agent for Appraisal Shortfall

June 28, 2016 - Updated: June 28, 2016Litigation

Suing the Buyer’s Agent for the Shortfall in Valuation after the Bidding War Can a successful bidder sue his own Agent after the ...

Tagged with: agent bidding wars valuation shortfall appraisal lawsuit deficiency ontario law

Suing the Appraiser for the Shortfall in Valuation

June 26, 2016 - Updated: June 28, 2016Litigation

Suing the Appraiser for the Shortfall in Valuation We are still looking at the situation where Bill submitted an unconditional Offer i ...

Tagged with: bidding war high price valuation shortfall remedies sue appraiser ontario law

Bidding Wars - High Bidder with Property Appraisal Issues

June 26, 2016 - Updated: June 26, 2016Litigation

Bidding Wars – High Bidder and Property Appraisal Issues There is a relatively new phenomenon involving the failure of a propert ...

Tagged with: bidding wars no conditions no appraisal condition value short money default remedies ontario law

Filing Notice of a Lawsuit (CPL)

May 3, 2016 - Updated: May 3, 2016Litigation

Filing a Notice of a Lawsuit There is a procedure available in Ontario which is a very effective remedy. Oftentimes, the success of a ...

Tagged with: certificate of pending litigation lis pendens cpl lawsuit interest in land ontario law

Even Liars Can Win in Court

October 4, 2015 - Updated: October 4, 2015Litigation

Even Liars Can Win in Court Credibility Doesn’t matter more than the Law! The case of D’Atri v. Chilcott (1974) ...

Tagged with: liars lies untrustworthy witness ontario law

Small Claims Court Cases as Precedents

August 24, 2015 - Updated: August 24, 2015Litigation

Small Claims Court and Precedent Setting Cases Small Claims Court decisions are not precedent setting. There is no lower Court upon wh ...

Tagged with: courts small claims predcents ontario law

Brian Madigan LL.B., Broker ~ Arbitrations

May 9, 2014 - Updated: May 9, 2014Litigation

If you are interested in having your real estate dispute resolved, consider arbitration rather than litigation. The dispute will be re ...

Tagged with: arbitrations arbitartor real estate ontario law

Buyer Fails to call Expert Witness - Loses Case Against Agent

July 31, 2013 - Updated: July 9, 2016Litigation

In a recent case in a Kitchener Small Claims Court * a buyer lost her case based in professional negligence against the listing agent. ...

Tagged with: expert evidence professional standards negligence proof ontario law

Litigation Timeline

April 30, 2013 - Updated: April 30, 2013Litigation

How long does litigation take? Let’s have a look at a real case, namely Krawchuk v. Scherbak. The purchaser bought th ...

Tagged with: litigation times real estate

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

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